FRANK v. ANIMAL HAVEN, INC.

10437, 108894/09.

107 A.D.3d 574 (2013)

967 N.Y.S.2d 370

2013 NY Slip Op 4711

MARILYN FRANK, Appellant, v. ANIMAL HAVEN, INC., Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 20, 2013.


When defendant Skimbirauskas adopted the subject dog from Animal Haven, the parties signed a contract whereby Skimbirauskas agreed to assume a "lifetime commitment" for the responsible care of the dog. Although Animal Haven reserved the right to have the dog returned if Skimbirauskas breached the contract's provisions, the purpose of doing so was clearly to protect the well-being of the dog, not to reserve ownership. Indeed, the contract provides that Skimbirauskas explicitly...

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